Queensland Numbered Acts

HOSPITAL FOUNDATIONS ACT 2018

- As at 29 March 2018
- Act 5 of 2018

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Main purpose of Act
   4.      How main purpose is primarily achieved
   5.      Act binds all persons
   6.      Definitions

   PART 2 - FOUNDATIONS GENERALLY

           Division 1 - Objects

   7.      Objects for which foundation may hold and manage property

           Division 2 - Establishment

   8.      Applying for establishment of foundation
   9.      Requirements for application
   10.     Minister may ask for additional information or documents
   11.     Deciding application
   12.     Establishment of foundations
   13.     Legal status of foundations

           Division 3 - Functions and powers

   14.     Functions
   15.     Performance of functions
   16.     Powers
   17.     Particular powers

           Division 4 - Administration

   18.     Employment of staff
   19.     Alternative staffing arrangements
   20.     Use of Hospital and Health Service premises
   21.     Authentication of documents
   22.     Change of registered objects

           Division 5 - Application of particular Acts

   23.     Foundation is statutory body
   24.     Application of Crime and Corruption Act 2001
   25.     Application of Collections Act 1966
   26.     Application of Property Law Act 1974, pt 14

   PART 3 - BOARDS

           Division 1 - Establishment, functions, powers and membership of boards

   27.     Establishment
   28.     Functions
   29.     Powers of board
   30.     Membership
   31.     Chairperson and deputy chairperson
   32.     Term of appointment
   33.     Disqualification from becoming member
   34.     Removal from office
   35.     Vacancy in office

           Division 2 - Criminal history

   36.     Criminal history report
   37.     Changes in criminal history must be disclosed
   38.     Confidentiality of criminal history information

           Division 3 - Business and meetings

   39.     Conduct of business
   40.     Presiding at meetings
   41.     Quorum at meetings
   42.     Conduct of meetings
   43.     Minutes
   44.     Validity of decisions

           Division 4 - Other provisions about boards and members

   45.     Disclosure of interests at board meeting
   46.     Member to act in foundation’s interest

   PART 4 - OVERSIGHT OF FOUNDATIONS AND BOARDS

           Division 1 - Interaction between Minister and foundations

   47.     Board must notify Minister about particular matters
   48.     Minister may require information or documents

           Division 2 - Administrators

   49.     Removal of all board members
   50.     Appointment of administrator
   51.     Term and role of administrator

   PART 5 - FINANCIAL PROVISIONS

           Division 1 - Preliminary

   52.     Definitions for part

           Division 2 - Special financial arrangements

   53.     Foundation may enter into special financial arrangement

           Division 3 - Derivative transactions

   54.     Derivative transactions permitted only for certain foundations
   55.     Requirement to report to Minister about derivative transactions

           Division 4 - Minister’s approval for special financial arrangements or derivative transactions

              Subdivision 1 - General approvals

   56.     Approval may be general in nature

              Subdivision 2 - Specific approvals

   57.     Application for approval
   58.     Minister may ask for information or documents
   59.     Deciding application
   60.     Minister may give approval for other foundations
   61.     Minister may amend or repeal approval
   62.     Register about approvals

           Division 5 - Offence

   63.     False or misleading documents

           Division 6 - Miscellaneous

   64.     Management of foundation’s funds by funds manager
   65.     Money borrowed other than under Statutory Bodies Financial Arrangements Act 1982
   66.     Disposal of particular property

   PART 6 - LEGAL PROCEEDINGS

   67.     Application of part
   68.     Proceedings for offences
   69.     Appointments and authority
   70.     Signatures
   71.     Other evidentiary aids

   PART 7 - ENDING FOUNDATIONS

   72.     Removal from register
   73.     Dissolution
   74.     Status of particular property on dissolution of foundation
   75.     Property held on trust on dissolution of foundation
   76.     Distribution of surplus property
   77.     Effect of dissolution on offices

   PART 8 - MISCELLANEOUS

   78.     Amalgamation of foundations
   79.     Register of foundations
   80.     Delegations
   81.     Protection of members from civil liability
   82.     Approval of forms
   83.     Regulation-making power

   PART 9 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal provision

   84.     Repeal

           Division 2 - Transitional provisions

   85.     Definitions for division
   86.     Continuation of body corporate established under repealed Act as foundation
   87.     Continuation of register
   88.     Replacement of objects registered under repealed Act
   89.     Continuation of boards and members
   90.     Assets and liabilities
   91.     Property previously given
   92.     Status of particular land

   PART 10 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of this Act

   93.     Act amended
   94.     Amendment of long title

           Division 2 - Amendment of Drugs Misuse Act 1986

              Subdivision 1 - Preliminary

   95.     Act amended

              Subdivision 2 - Amendments commencing on assent

   96.     Amendment of s 4 (Definitions)
   97.     Amendment of s 4D (Non-application of ss 5, 6, 8 and 9 to particular manufactured products)
   98.     Amendment of s 44 (Object of pt 5B)
   99.     Amendment of s 46 (Definitions for pt 5B)
   100.    Amendment of s 53 (Applying for a licence)
   101.    Amendment of s 54 (Application for licence)
   102.    Replacement of ss 57–60
   103.    Amendment of s 61 (Investigation about the suitability of applicant or licensee)
   104.    Amendment of s 63 (Chief executive may issue or refuse to issue licence)
   105.    Amendment of s 66 (Chief executive may renew or refuse to renew licence)
   106.    Amendment of s 70 (Amendment of licence conditions)
   107.    Amendment of s 73 (Grounds for suspension action or cancellation)
   108.    Omission of s 79 (Immediate cancellation)
   109.    Amendment of s 82 (What happens to cannabis plants if licence cancelled)
   110.    Amendment of s 83 (What happens to cannabis seed if licence cancelled or renewal refused)
   111.    Insertion of new s 92A
   112.    Insertion of new pt 5B, div 12A
   113.    Insertion of new ss 110D–110F
   114.    Insertion of new pt 7, div 11
   115.    Omission of schedule (Serious offence provisions under the Criminal Code)

              Subdivision 3 - Amendments commencing by proclamation

   116.    Amendment of s 4 (Definitions)
   117.    Amendment of s 46 (Definitions for pt 5B)
   118.    Amendment of s 49 (Categories of licences)
   119.    Replacement of ss 50 and 51
   120.    Amendment and renumbering of s 52 (What grower licences authorise)
   121.    Insertion of new s 52
   122.    Amendment of s 54 (Application for licence)
   123.    Insertion of new s 56A
   124.    Amendment of s 57 (Fit and proper person to hold licence)
   125.    Amendment of s 63 (Chief executive may issue or refuse to issue licence)
   126.    Amendment of s 82 (What happens to cannabis plants if licence cancelled)
   127.    Amendment of s 83 (What happens to cannabis seed if licence cancelled or renewal refused)
   128.    Insertion of new s 110G
   129.    Amendment of pt 7, div 11, hdg (Provision for Hospital Foundations Act 2018)
   130.    Insertion of new ss 148 and 149

           Division 3 - Amendment of Drugs Misuse Regulation 1987

              Subdivision 1 - Preliminary

   131.    Regulation amended

              Subdivision 2 - Amendments commencing on assent

   132.    Insertion of new pt 4, divs 7A and 7B
   133.    Amendment of sch 7 (Conditions for particular persons authorised under part 4)
   134.    Amendment of sch 8 (Licence conditions)

              Subdivision 3 - Amendments commencing by proclamation

   135.    Amendment of s 10 (Operation of pt 4 and schs 7 and 8)
   136.    Replacement of s 11 (Certifying cannabis seed)
   137.    Amendment of s 12 (Application of div 3)
   138.    Amendment of s 15 (Supply)
   139.    Omission of pt 4, div 6 (Seed suppliers)
   140.    Omission of s 22 (Denaturer)
   141.    Amendment of s 24 (Analyst)
   142.    Amendment of s 26 (Employees of authorised persons)
   143.    Amendment of s 26B (Recording information—researchers and growers)
   144.    Amendment of s 26C (Recording information—seed suppliers)
   145.    Omission of s 26D (Recording information—denaturers)
   146.    Amendment of s 26F (Notification requirements—researchers and growers)
   147.    Renumbering of pt 4, divs 7 to 7B
   148.    Omission of s 27 (Recognition as seed supplier)
   149.    Renumbering of ss 23–26F
   150.    Insertion of new ss 27B and 27C
   151.    Amendment of sch 7 (Conditions for particular persons authorised under part 4)
   152.    Replacement of sch 8 (Licence conditions)
   153.    Amendment of sch 9 (Dictionary)

           Division 4 - Amendment of Fair Work (Commonwealth Powers) and Other Provisions Act 2009

   154.    Act amended
   155.    Amendment of sch 1 (Other entities that are not public sector employers)

           Division 5 - Amendment of Hospital and Health Boards Act 2011

   156.    Act amended
   157.    Amendment of s 34 (Delegation by health service chief executive)

           Division 6 - Amendment of Justice and Other Information Disclosure Act 2008

   158.    Act amended
   159.    Amendment of schedule (Dictionary)

           Division 7 - Amendment of Mental Health Act 2016

   160.    Act amended
   161.    Insertion of new ss 497A and 497B
   162.    Insertion of new s 797A
   163.    Replacement of ch 20, hdg (Transitional provisions)
   164.    Insertion of new ch 21

           Division 8 - Amendment of Penalties and Sentences Act 1992

   165.    Act amended
   166.    Amendment of s 151B (Definitions for part)
   167.    Amendment of s 151T (Review team obligations and requirement for court to consult)
           SCHEDULE 1